Terms & Conditions

Terms of Use: Welcome to the Mission Foods Canada website Terms of Use. The Mission Foods Canada website, along with the websites: www.guerrerotortillas.com, www.calidadchips.com, www.tortillaproductcomments.com and www.missionfoodservice.com shall collectively be referred to as the “Site”. These Terms of Use constitute a legal agreement by and between you and Gruma Corporation, its subsidiaries, or affiliates ("Gruma", “we”, “us”, “our”), and provides the Site and related services subject to the following terms and conditions of use:

Please read these terms carefully before using this Site. By accessing and browsing the Site (including, without limitation, social media and mobile websites) or using any mobile application on which these terms reside (collectively the "Platform"), you agree, without limitation or qualification, to follow and be bound by these Terms of Use and our Privacy Policy (the "Terms") including, but not limited to, conducting this transaction electronically, and agreeing to the disclaimer of warranties, damage and remedy exclusions and limitations, binding arbitration, and a choice of Texas, United States of America law. If you do not so agree, please abstain from using this Platform. The Platform is not intended for minors who are under the age of sixteen years old.

Gruma may at any time and from time to time revise these Terms by updating this posting. By using this Platform you are agreeing to be bound by any such revisions. You should visit this Platform periodically to determine the most current Terms.

Gruma shall have the right to terminate the Platform or any products or services offered through the Platform, or any individual's right to access or use any portion of the product or service offered through the Platform, at any time and without prior notice. YOU AGREE THAT GRUMA WILL NOT BE LIABLE TO YOU IF, FOR ANY REASON, ALL OR PART OF THE WEBSITE IS RESTRICTED OR UNAVAILABLE TO USERS AT ANY GIVEN TIME OR PERIOD OF TIME. 

1. Intellectual Property and Ownership Rights. All content included on the Platform, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of Gruma, or otherwise licensed to Gruma for use on the Platform, and is protected by national and international intellectual property laws. The compilation of the Platform is the exclusive property of Gruma and is protected by national and international intellectual property laws. Any unauthorized use of any content or materials on the Platform is strictly prohibited and may violate intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. Any other usage of the materials and content on the Platform can only be done with the express prior written permission of Gruma.

   All trademarks, logos, service marks and trade names associated with Gruma are proprietary to Gruma and its affiliates and may not be used in connection with any products or services that are not offered by us, or in any manner that is likely to cause confusion. All other trademarks or service marks that appear on the Platform that are not owned by Gruma are the property of their respective owners that have granted the Platform the right and license to use such intellectual property. You may not copy or use any trademarks, logos, service marks or trade names, in part or in whole, found on the Platform without the express prior written permission of Gruma.

2. Your Use and Restrictions on Use of the Platform. This Platform is for your personal and non-commercial use, and no material from this Platform may be directly or indirectly, copied, reproduced, distributed, republished, downloaded, posted, displayed or transmitted in any manner or for any other use without the written consent of Gruma. In no event may you modify the materials or use them for any other purpose. Nothing in these Terms grants you any right, title or interest in any intellectual property of Gruma or its licensors.

   You hereby warrant and represent that:

   • You shall not falsify your identity or impersonate any other person, and you shall not provide the personal information of any other person without their consent;
   • You shall not use the Platform for any unlawful, deceptive, misleading, fraudulent, or abusive purpose;
   • You have the authority to enter into these Terms; and
   • You will comply with all Applicable Laws when using the Platform and you will use the Platform only for lawful purposes. As used herein, “Applicable Laws” means all domestic or foreign federal, provincial, state, municipal or local laws, common law, rules, statutes, regulations, by-laws, ordinances, policies, directives or orders of any government, court, administrative or regulatory agency, commission, body, board or other government authority.

   We grant you a limited, non-transferable, non-exclusive, revocable right  to make personal and non-commercial use of the Platform. Such grant does not include, without limitation:

   • (a) any resale or commercial use of the Platform or any of the contents of the Platform;
   • (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form of any of the contents of the Platform, including use of or directly viewing the underlying HTML or other code from the Platform except as interpreted and displayed in a web browser;
   • (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any of the contents of the Platform in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise;
   • (d) the collection and use of any product listings or descriptions;
   • (e) making derivative uses of the Platform and any of the contents of the Platform;
   • (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of the Platform or to collect any information from the Platform or any other user of the Platform or introduce any malware such as viruses, trojan horses, worms or logic bomb or any other material that would be technologically malicious to the Platform;
   • (g) attempt to breach the security safeguard measures or gain unauthorized access to, or otherwise “hack” the Platform;
   • (h) modify any other site so as to falsely imply that it is associated with Gruma or its Platform in any way; or
   • (i) take any action that imposes an unreasonable or disproportionate large load on infrastructure or otherwise attempt to interfere with the proper working of the Platform.

   You further agree that you will not engage in any of the following activities on the Platform:

   • Uploading, posting or otherwise transmitting any unlawful, harassing, threatening, libelous, defamatory, harmful, tortious, obscene, scandalous, inflammatory, racist, violent, profane or otherwise objectionable or inappropriate material (as determined by Gruma) or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
   • Uploading, posting, reproducing or distributing any information, software, or other materials protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
   • Collecting or storing personal data about other users;
   • Posting any User Content that contains personal information about any individual, or any other information that you are under a contractual obligation to keep private or confidential;
   • Using the Platform for any commercial purpose not expressly approved by Gruma in writing;
   • Impersonating any person or organization, including without limitation, the personnel of Gruma, or misrepresent an affiliation with another person or organization;
   • Uploading, posting, emailing, or otherwise transmitting any advertising or promotional materials or any other form of solicitation or unauthorized communication;
   • Uploading, posting, emailing, or otherwise transmitting any material that contains viruses, corrupted files, or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment, or otherwise adversely affect the operation of the Platform or a feature of the Platform.

   For the avoidance of doubt, Gruma retains complete title to the downloaded information and to all of the associated intellectual property rights. You are prohibited from posting to or transmitting from this Platform any material that is unlawful or could cause any civil or criminal liability under applicable law.

3. Information Submitted To Gruma & User Content. Gruma is pleased to receive your comments regarding Gruma's products and its online services. Unless specifically requested in writing to do so by Gruma, please do not send us creative materials. Any material, suggestions, ideas, notes, drawings, concepts, or other information (collectively, the " Information") that you do post to this Platform or otherwise transmit to Gruma will thereby be treated by you as non-proprietary and non-confidential, and the Information may be disseminated by, and will be deemed to be the property of, Gruma which will be entitled to its unrestricted use without any obligation to compensate any other person, firm or entity thereof.

   From time to time on certain areas of our Platform you may be able to submit written posts and certain other materials ("User Content"). Gruma is under no obligation to monitor any posting or transmission of User Content to or about the Platform and assumes no responsibility or liability arising from the content of any such posting or transmission nor for any error, defamation, libel, slander, omission, falsehood, profanity, danger, or inaccuracy contained therein or related thereto.

   Gruma does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Gruma without the prior review and written approval of Gruma.

   Gruma will fully cooperate with any law enforcement authorities or court order requesting or directing Gruma to disclose the identity of anyone posting any such information or materials.

   By displaying, publishing, or otherwise posting any User Content or Information on or through the Platform, you hereby grant to Gruma a non-exclusive, sub-licensable, worldwide, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content or Information in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content or Information, as well as the right to sublicense User Content or Information to third parties, including other users, for use on other media or platforms known or hereinafter developed. You waive all moral rights to such User Content and Information in favour of Gruma. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Platform or otherwise obtained the requisite consent, permissions, or appropriate license to use such information and have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the rights of any third party including, but not limited to their privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

4. Privacy. We will process personal information that you submit to us in accordance with our Privacy Policy, which is incorporated herein by reference. By continuing use of the Platform, you agree with Gruma’s Privacy Policy.

5. Third-Party Websites. . Gruma may, from time to time, provide links to other websites from this Platform that are not owned or controlled by us. Gruma does not endorse or approve any products or information offered at the sites that are linked through this Platform and we have no control over, and assume no responsibility for, the content, practices, or privacy policies of any third-party website. Check the Uniform Resource Locater ("URL") address provided in your browser to see whether you are still on this Platform or have moved to another. You agree that you access these websites at your own risk. YOU EXPRESSLY RELEASE GRUMA FROM ANY AND ALL LIABILITY ARISING FROM YOUR ACCESS TO AND USE OF ANY SUCH LINKED WEBSITE.

6. Disclaimer of Warranties and Limitation of Liability. GRUMA USES REASONABLE EFFORTS TO ENSURE THE ACCURACY, CORRECTNESS AND RELIABILITY OF THE CONTENT, BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT'S ACCURACY, CORRECTNESS OR RELIABILITY. THIS PLATFORM AND ITS CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND GRUMA EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EITHER EXPRESS, IMPLIED OR STATUTORY THAT MAY BE IMPLIED BY THESE TERMS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS PLATFORM IS NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

   EXCEPT AS SPECIFICALLY STATED IN THESE TERMS OF USE, THE PRIVACY POLICY, OR ELSEWHERE ON THIS PLATFORM, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER GRUMA NOR ITS DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES, SUBSIDIARIES, OFFICERS, SUCCESSORS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY NEGLIGENCE, NEGLIGENT MISREPRESENTATION OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF OPPORTUNITIES, LOSS OF INCOME, LOSS OF REVENUE, LOSS OF PROFIT, OR LOSS OF ANTICIPATED SAVINGS) ARISING OUT OF YOUR USE OF, YOUR INABILITY TO USE, OR THE PERFORMANCE OF THIS PLATFORM OR THE CONTENT WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

   SOME COUNTRIES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES. THEREFORE, SOME OR ALL OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE PROHIBITED OR SUPERSEDED BY STATE OR NATIONAL PROVISIONS.

7. Indemnification. You agree to defend, indemnify, and hold harmless Gruma, its affiliates, subsidiaries and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs, arising out of or relating to (1) your breach of the Platform's Terms; (2)your use or misuse of the Platform; and (3) any violation of any third-party rights including without limitation any copyright, property, or privacy right. The foregoing indemnification obligation shall survive termination of these Platform's Terms of Use and the Platform and any product or service provided to you arising out of or relating to your use of the Platform.

8. Other Provisions. The Platform's Terms constitute the entire agreement between you and Gruma with respect to the subject matter hereof, and supersede all previous written or oral agreements with respect to such subject matter. No waiver by Gruma of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of the Platform Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Platform Terms and shall not affect the validity and enforceability of any other provisions of the Platform Terms. Gruma shall not be liable for any nonperformance or delay in performance caused by any act or condition beyond its reasonable control.

9. Termination. You may terminate this agreement at any time by destroying all material obtained from this Platform, together with all documentation related thereto and all copies thereof whether or not made pursuant to this agreement. If Gruma determines in its sole discretion that you have failed to comply with any provision of this agreement, then, without further notice from Gruma, the agreement will terminate immediately and you must destroy all materials obtained from this Platform, together with all documentation related thereto and all copies thereof whether or not made pursuant to this agreement. In addition, your license to use the recipes will end and continued copying of the recipes is prohibited.

10. Governing Law. This Platform is controlled and operated by Gruma (or its assignees). Gruma's corporate offices are located within the state of Texas, United States of America. All claims relating to this Platform or any products or services offered through the Platform, the materials contained in it and their use will be governed by and construed in accordance with the laws of the state of Texas, United States of America, without giving effect to any conflict of laws provisions and notwithstanding your domicile, residence or physical location.

    Any cause of action or proceeding arising out of or relating to these Terms of Use will be instituted in the courts of the state of Texas, and you irrevocably and unconditionally consent and submit to the non-exclusive jurisdiction of such courts for the purpose of any action. You waive any and all objections to the exercise of jurisdiction over you by such courts.

11. Geographic Restrictions. Gruma as the owner of the Platform is based in Texas, United States of America. The Platform is not intended for use in any jurisdiction where its use is not permitted. Gruma makes no representation that materials in the Platform are appropriate or available for use in other locations. Those who choose to access this Platform from other locations do so on their own initiative and are responsible for compliance with local laws.

12. Binding Arbitration & Class Action Waiver. You agree that any controversy or claim arising out of or relating to the Platform, use of the Platform, or these Terms shall be settled by binding arbitration administered by JAMS pursuant to its then prevailing Streamlined Arbitration Rules and Procedures in a location determined by the JAMS arbitrator (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by the parties, and that judgment on the award may be entered in any court having jurisdiction. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court in accordance with the terms of this agreement if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law.

    If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Gruma shall be entitled to arbitrate their dispute.

    IT IS AGREED BY THE PARTIES THAT CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY AND NOT IN A MULTI-PLAINTIFF, CLASS, OR COLLECTIVE CAPACITY ON BEHALF OF OTHER PERSONS. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO HEAR OR ISSUE ANY AWARD CONCERNING THE CLAIMS OF A MULTI-PLAINTIFF, CLASS, OR COLLECTIVE ACTION OR TO CONSOLIDATE THE CLAIMS OF MORE THAN ONE INDIVIDUAL INTO A SINGLE ARBITRATION PROCEEDING. THE ARBITRATOR HAS ONLY THE AUTHORITY TO RESOLVE THE CLAIMS OF AND AWARD RELIEF TO AN INDIVIDUAL PERSON OR ENTITY.

13. Survival. Any terms or provisions of these Terms, the performance of which is intended to survive by either party, shall survive the completion, termination, or cancellation of this Terms of Use.

14. Contact. For comments or communications related to the Platform or these Terms please contact us at 1-800-600-8226 or through the Contact Us section in our Site.